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2011 Supreme(Pat) 294

MRIDULA MISHRA
Bulkan Prasad Singh – Appellant
Versus
State Of Bihar – Respondent


JUDGEMENT

1. Heard counsel for the petitioner and the State.

2. A detailed counter affidavit has been filed by the State-Respondents.

3. Petitioner has filed this application for quashing of order contained in Memo no. 106 dated 10.2.2005, whereby punishments have been awarded to the petitioner by the Disciplinary Authority in the departmental proceeding. Further relief prayed by the petitioner is for a direction to the respondents to make payment of gratuity with interest. Payment of salary for the period of suspension minus subsistence allowance and to conclude the period of suspension as period of duty for granting increment and pensionary benefits as well as for payment of 100% pension and other pensionary benefits with interest.

4. Following punishments were imposed against the petitioner:

(i) Besides the subsistence allowance nothing will be paid to the petitioner for the period of suspension.

(ii) Period of suspension will be treated as absence from duty and it will not be calculated for allowing increments and pension.

(iii) 90 per cent pension paid to the petitioner wili be rejected.

(iv) Payment of 100 per cent gratuity will be rejected.

(v) Embezzled amount will be recove













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